InOrkal Industries v. Array Connector, where Orkal bought parts from Array by sending an order form, but Array confirmed with its own form that contained different terms. Orkal did not object to the different terms until litigation arose later at which point the added terms mattered. The courts held that under the UCC:

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Under UCC 2-207, if both parties' forms contain different terms, a contract can still be formed if the parties intend to be bound and the terms do not materially alter the agreement. In this case, Orkal sent an order form and Array confirmed with its own form that contained different terms. However, Orkal did not object to the different terms until litigation arose later. As a result, the court held that Orkal controlled the terms since it was the buyer, but Array could have forced a change by requiring Orkal to recognize its different terms, which it failed to do. Therefore, the original order form controls.

InOrkal Industries V